The covenants for a proposed residential subdivision shall include language outlined in this Section.
(3)
Street or Local Street .
A. Street Trees Required & Responsibility . Local streets and residential collectors require street trees as provided in §9-1714, Table – Landscaping, Buffers & Screening, along the property line adjacent to the thoroughfare. The restrictive covenants, whether through a homeowners’ association or maintenance agreement for nonresidential development, or where no association or maintenance agreement exists the property owner/developer shall specify and determine the instrument for the responsibility of maintenance of the street trees in perpetuity as outlined in this Section. If a homeowners’ association is subsequently formed such association shall have the ultimate responsibility to maintain the street trees.
B. Street Tree Spacing .
i. Single-Family Lots . In single-family subdivisions, street trees shall be placed at a maximum of 50’ spacing within the street tree easement. Street trees shall be large deciduous trees as defined in §9-1713 Landscaping for Adjacent Uses & Thoroughfares, g. Types of Buffers, (1) General Standards, A. Large Trees and as approved on the Town plant list. ii. Townhouses & Row Houses . In subdivisions of townhouses or row houses, street trees shall be placed in the street tree easement on at least every other lot. Street trees shall be small deciduous trees as defined in §9-1713 Landscaping for Adjacent Uses & Thoroughfares, g. Types of Buffers, (1) General Standards, B. Small Trees and as approved on the Town plant list. iii. Form-Based Projects . For projects developed under the form-based standards, street trees shall be established as defined in Appendix B RMU, CMU & EMU Form-Based Districts.
iv. Nonresidential & Open Space . Street tree spacing shall be a minimum of 40’ on center across nonresidential and open space lots.
(4) Covenants to Enforce Buffers & Street Trees . Any thoroughfare buffers or street trees required in accordance with this Article, and the Land Development Ordinance in general, shall establish through covenants and restrictions and/or a homeowners’ association the responsibility to enforce the maintenance and/or replacement of the required buffer and/or street tree(s). If a homeowners’ association is established then the homeowners’ association
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